Saratoga Health Care Proxy Lawyers
Serving clients in Saratoga, Albany, Warren, Washington, Schenectady, Rensselaer, Green, and Columbia
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The staff is extremely friendly and knowledgeable. They truly care about their clients and walk you through the process every step of the way. I highly recommend Jean and here team for any legal needs.
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Saratoga Health Care Proxy Lawyers
Do you need help understanding the fine details of estate planning? Our Saratoga health care proxy lawyers are here to help you understand what you need to do to get yourself a health care agent. Call us today.
Defining What Health Care Proxies Are
There is something called the Health Care Proxy Law. It exists so you can pick someone to be your health care agent. That person acts as a decision maker to act on your behalf when you become unable to do it yourself. They will be the one to make the call on something like whether or not to prove life support for you. This person can be family or a trusted friend. It is up to you how much control this person has. You decide how much power they get over medical decisions they make for you. You can provide them with instructions for what exactly you wish them to say. For example you can let them know what you wish for them to do with your organs, whether or not you want them donated. We encourage people to choose a health care agent. Everyone faces health issues in their lifetime. It’s good to have someone who can make your medical decisions if you cannot do it for yourself. Please note that if you have someone dedicated to make decisions based on the FHCDA, it is a different thing than a health care proxy. If you are someone who resides in a different state for some parts of the year, check with your Saratoga health care proxy lawyers if you need to do anything special to make that work.
Serving clients in Saratoga, Albany, Warren, Washington, Schenectady, Rensselaer, Green, and Columbia
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A Living Will vs a Health Care Proxy
A living will is a document that states what you wish to do with your medical treatments. It is not the same as a health care proxy. You can include the information from your living will on your health care proxy.
Benefits of Picking a Health Care Agent
We often urge clients to choose a health care agent because you may enter a phase in your life where you cannot tell the doctor what you want to do with your treatment.Here is what you should know about health care proxies:
- You will pick an adult person to be your agent
- It can be someone related to you or not
- Picking an agent will help clear up any doubt for future medical treatment
- If you are receiving treatment you specifically did not want, your agent can come in and out a stop to it and vise versa.
What Power Does My Health Care Agent Have?
Depending on the level of power you give your agent, they can have as much decision-making power as you would. That includes:
- Deciding what treatment you will or will not have according to your wishes
- Pick what treatments you get based on options presented and your wishes
You can go as far as telling them what kind of life saving or supporting treatments you wish to be provided for you. That may be a feeding tube. That could be artificial hydration.You have to let your health care agent know what you want.
How Are These Decisions Made?
Your health care agent is legally obligated to make any decisions on your explicit written wishes. They should also be aware of what your moral and religious beliefs are if any and how that would affect decisions.These decisions are to be made after your doctor tells your agent that you cannot make medical decisions for yourself. You don’t lose control to your agent while you’re still able to make decisions. You make these decisions until you’re no longer physically able to do so for yourself.
Frequently Asked Health Care Proxy Questions
What is a health care proxy and why do I need one?
A health care proxy is a legal document that allows you to appoint someone you trust to make medical decisions on your behalf if you become unable to communicate or make decisions yourself. This is essential because without a health care proxy, family members may face delays, disagreements, or court proceedings when critical medical decisions need to be made. It ensures your medical preferences are followed and provides peace of mind for you and your loved ones.
How is a health care proxy different from a living will?
A health care proxy designates a person (your agent) to make medical decisions for you, while a living will documents your specific wishes about end-of-life care and life-sustaining treatments. A health care proxy is more flexible because your agent can make decisions about situations you may not have anticipated, while a living will only addresses the specific circumstances you’ve written about. Most comprehensive estate plans include both documents working together.
Who should I choose as my health care agent?
Choose someone you trust completely who understands your values, beliefs, and medical preferences. Your health care agent should be someone who can advocate for your wishes even under pressure, make difficult decisions calmly, communicate effectively with medical professionals, and be available when needed. Consider choosing someone geographically close and naming alternate agents. You should discuss your wishes thoroughly with your chosen agent before signing the document.
What decisions can my health care agent make?
Your health care agent can make virtually all medical decisions including: consenting to or refusing treatments, choosing doctors and facilities, deciding about surgery and procedures, making end-of-life care decisions, accessing medical records, and making decisions about organ donation. You can include specific instructions or limitations in your health care proxy. The agent must follow your known wishes and act in your best interests when your wishes are unknown.
When does a health care proxy become effective?
A health care proxy becomes effective when you are unable to make or communicate medical decisions yourself, as determined by your attending physician. This could be due to unconsciousness, sedation, dementia, severe mental illness, or any condition that impairs your decision-making capacity. The document only gives your agent authority when you cannot act for yourself – you retain full control over your medical decisions as long as you are capable.
How do I make sure my health care proxy is legally valid in New York?
To be legally valid in New York, your health care proxy must be: signed by you while mentally competent, dated, witnessed by two adults who are not your agent or alternate agent, and properly notarized in some cases. The witnesses cannot be entitled to your estate or be your healthcare provider. The document should clearly identify your agent and alternate agents, include their contact information, and specify any limitations or special instructions you want to include.
Can I change or revoke my health care proxy?
Yes, you can change or revoke your health care proxy at any time while you are mentally competent. You can revoke it orally or in writing, create a new health care proxy that automatically revokes previous ones, or destroy the original document. It’s important to notify your agent, alternate agents, doctors, and family members of any changes. Always work with an attorney to ensure proper revocation and to avoid confusion about which document is currently valid.
What other documents should I have with my health care proxy?
A comprehensive medical directive package should include: a living will stating your end-of-life care preferences, HIPAA authorization allowing your agent to access medical records, organ donation declaration, DNR orders if desired, and medical information sheet with allergies, medications, and emergency contacts. Some people also include specific instructions about pain management, religious considerations, or preferences about care facilities. These documents work together to ensure your complete medical wishes are known and followed.
Do I need a lawyer for my health care proxy in Saratoga?
Yes, you should have an experienced estate planning lawyer create your health care proxy to ensure it’s legally valid, comprehensive, and properly coordinated with your other estate planning documents. Mahserjian & Mahserjian-Ortiz, PLLC’s experienced attorneys provide the expertise necessary to draft effective health care proxies, ensure compliance with New York requirements, address complex family situations, coordinate with living wills and other directives, and provide guidance on choosing appropriate agents and instructions for your specific circumstances.
Appointing Your Health Care Agent
You can choose any adult with good decision making skills. You can appoint this agent on a signed document which is your health care proxy. We suggest making this decision very carefully and discussing it with those who you are considering to act as your agent. You will likely be able to easily determine whether or not you want to pick a certain person.If the person you choose is also an acting physician, they cannot act as your agent and your physician at the same time.Your Saratoga health care proxy lawyers can help you better understand the decision you are making. It is important you know the full weight of the decision you make and what you should expect your agent to be responsible for.It is a delicate decision. You don’t want to make it lightly. You want to take it very seriously. Act like your life is in their hands because it very well may be.
Call Our Saratoga Health Care Proxy Lawyers Today
You should understand the full extent of a health care proxy. We can walk you through all of this. It is essential that you know what you want to put in your proxy and what you want your agent to do. Call our experienced today to get started.